By: Smt. Mini Mathew, Member
Complaint filed u/s 12 of the CP Act 1986.
Facts in brief:-
Complainant purchased one B C 13502 # L G AC INVERTER JS – 12 AUXA 1.OT 3 STAR from the shop of the 1st opposite party on 27-6-2017 after paying an amount of Rs.28500/-(Twenty eight thousand and five hundred rupees only) as per Invoice No.106072. He installed the A/C at his residence at his own expenses. Within 3 days from the date of purchase complainant noticed some leakage of gas to the A/C and because of the leakage the cooling became low . Immediately complainant contacted the 1st opposite party and informed him about the defects of the A/C. As per the instruction of 1st opposite party the 2nd opposite party came to the house of the complainant and checked the A/C. Complainant approached the 1st opposite party and requested him to replace the A/C with a similar new one. But opposite party No.1 is not ready for the replacement of the A/C. Complainant contacted opposite party No.3 also, but he did not respond.
Hence this complaint.
After receiving notice from this Forum opposite parties did not appear before this Forum and hence they were set exparte.
The evidence placed before this Forum by the complainant consists of his affidavit in lieu of chief examination and the document which he produced was marked as Ext. A1. Ext. A1 is the bill dated 27-6-17 issued by opposite party No.1 to the complainant after receiving the sale consideration of Rs.28500/- from the complainant.
After receiving a huge amount from the complainant opposite party No.1 supplied a defective A/C to the complainant. Opposite party No.2 and opposite party No.3 are the service providers of opposite party No.1. As per the instruction of opposite party No.1,opposite party No.2 checked the complaints of the A/C. No amount was collected from the complainant by opposite party No.2 and opposite party No.3. Hence it is the bounden duty of opposite party No.1 to redress the grievances of the complainant. He purchased the A/C only on 27-6-17 and he filed this complaint before this Forum on 17/8/17 itself.
It is proved that the A/C sold to the complainant by opposite party No.1 after receiving an amount of Rs.28500/-(Twenty eight thousand and five hundred rupees only) became defective within 3 days of the sale. Despite the receipt of the complaint regarding the A/C opposite party No.1 did not care to get it repaired nor has he taken any steps to replace the defective A/C. This amounts to deficiency in service and unfair trade practice on the part of the 1st opposite party. Since the 2nd and 3rd opposite parties did not receive any amount from the complainant the complainant cannot be said to be their consumer as defined in the Consumer Protection Act 1986. So we do not find any deficiency in service on their part. For the above said reasons we allow the complaint.
Opposite party No.1 is here by directed pay Rs.28500/- (Twenty eight thousand and five hundred rupees only) to the complainant being the cost of the A/C and to pay Rs.10000/-(Ten thousand rupees only) as compensation for the mental agony and hardships he suffered along with Rs.5000/-(Five thousand rupees only) as cost. After paying the above said amount opposite party No.1 is at liberty to take back the A/C from the house of the complainant. The order shall be complied within one month from the date of receipt of copy of this order. If the above said amount is not paid to the complainant within 30 days the opposite party No.1 is liable to pay interest at the rate of 12% per annum from the date of this order till realization.
Dated this 28th day of September, 2017.
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Bill dated 27-6-17 issued by opposite party No.1 to the complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
